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TOPIC: ESA assessment does DM go with what HCP says

Thank you for you reply. I have contacted job centre work coach who has kindly agreed to rearrange appointment until March, when I am able to accompany my son to interview. Am I right in thinking that the work coach can't impose work related activities that are inappropriate for my son? I am hoping that they will not suggest any work related activities at all, as he is struggling to cope with the level of work as it is at University, and does not need the added pressure of having to complete work related activities and potentially get behind with his essays, attend lectures etc. Also, as his course progresses it will also become more demanding. Would the work coach not consider that as he is making himself more employable by going to University in order to obtain a degree that they would consider this to be enough to enhance his work prospects for the future and therefore not impose any work related activities?
I have requested the decision makers report in relation to my son being places in the WRAG. Depending on what it contains I may challenge the award.
Any suggestions you have would be much appreciated.

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The JC+ advisor must take into account your son's limitations when setting Work Related Activity, but by definition he will be considered as being capable of some sort of Activity or he would not have been placed in the WRAG.

Your argument about improving his prospects at university is not without merit but it assumes the JC+ advisor agrees, they may have their own targets to meet!

Gordon

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Thank you kindly for your reply. I never thought about the JC+ advisor having targets to meet and am thankful that you pointed that out before my son attends for this interview. In relation to activity 13 of the ESA50 claim form descriptor 13a . Cannot due to impaired mental function, reliably initiate or complete at least two sequential personal actions. My son's GP provided a letter which was given to ESA HCP at interview, which stated that my son required prompting and encouragement to prepare and plan a meal. Prompting and encouragement to eat on a regular basis would go for long periods without food. Prompting and encouragement to wash. Prompting and encouragement to dress/undress and change clothes, would remain in bed due to disrupted sleep pattern and low mood. Needs help with complex budgeting decisions. Difficulty making decisions on own and to follow them through. Relies on parents to plan and make all travel arrangements.
On this descriptor the HCP choose the descriptor: 13c. Frequently cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions 6 points.
I was wondering would my son have a case for descriptor 13a to apply - which would be the support group descriptor? in view of evidence from GP report.
Failing that and as my son's GP is very supportive of him, and understands that putting extra pressure on him to attend and participate in work related activities would effect his mental health. Would a letter from his GP to the Jobcentre plus help in any way to waive work related activities.
Your comments again would be very much appreciated.

When I spoke to the Jobcentre advisor and asked how many work focused interviews would be required. He lead me to believe it would only be 2 or 3 per year. However, I did not consider that the work related activities are a separate thing?? Or are they??
I look forward to hearing from you and thank you kindly for your help it is very much appreciated!

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In order to meet 13a you will need to show that he cannot reliably initiate or complete any 2 sequential personal actions, I'm afraid providing a list of activities that he can't do is not sufficient as it simply implies that there are activities that he can do.

Work Focussed Interviews are separate from any Work Related Activity that he might be asked to undertake.

Gordon

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Hello Gordon
Thank you for your reply. I have received dwp decision makers ESA56. It agrees with the HCP report and all of the HCP descriptors resulting in 27 points being awarded and placed in the WRAG.
However, when reading it again the dwp decision maker made their decision exclusively on the HCP report and it states that an ESA50 was completed but unavailable? Which I dont understand, as I believe all forms are scanned when received at the mailing centre? and therefore would be accessible on their system. Also, the HCP at the assessment held up the claim form and asked my son who had completed it. So I dont understand why the decision maker is stating that ESA 50 was completed but unavailable?
The ESA56 states "Having considered the available evidence", but does not state what available evidence? Is this usual? It does not state if referred to GP report? or any other documents that were sent? Is this usual?
I would also like to point out that in with my sons ESA56 decision makers letter was a letter to another claimaint based in Northumberland, with their address, national insurance number, and details of payment request.
Your comments would be much appreciated. Thanking you in advance

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